Neb. Rev. Stat. » Chapter 53
Nebraska Revised Statutes

Neb. Rev. Stat. § 53-132 (2026)

Retail, bottle club, craft brewery, or microdistillery license; commission; duties

✓ current as of July 2026
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(1) If no hearing is required pursuant to subdivision (1)(a) or (b) of section 53-133 and the commission has no objections pursuant to subdivision (1)(c) of such section, the commission may waive the forty-five-day objection period and, if not otherwise prohibited by law, cause a retail license, bottle club license, craft brewery license, or microdistillery license to be signed by its chairperson, attested by its executive director over the seal of the commission, and issued in the manner provided in subsection (4) of this section as a matter of course.

(2) A retail license, bottle club license, craft brewery license, or microdistillery license may be issued to any qualified applicant if the commission finds that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city, village, or county where the premises described in the application are located, (b) the applicant can conform to all provisions and requirements of and rules and regulations adopted pursuant to the Nebraska Liquor Control Act, (c) the applicant has demonstrated that the type of management and control to be exercised over the premises described in the application will be sufficient to insure that the licensed business can conform to all provisions and requirements of and rules and regulations adopted pursuant to the act, and (d) the issuance of the license is or will be required by the present or future public convenience and necessity.

(3) In making its determination pursuant to subsection (2) of this section the commission shall consider:

(a) The recommendation of the local governing body;

(b) The existence of a citizens' protest made in accordance with section 53-133;

(c) The existing population of the city, village, or county and its projected growth;

(d) The nature of the neighborhood or community of the location of the proposed licensed premises;

(e) The existence or absence of other retail licenses, bottle club licenses, craft brewery licenses, or microdistillery licenses with similar privileges within the neighborhood or community of the location of the proposed licensed premises and whether, as evidenced by substantive, corroborative documentation, the issuance of such license would result in or add to an undue concentration of licenses with similar privileges and, as a result, require the use of additional law enforcement resources;

(f) The existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises;

(g) The adequacy of existing law enforcement;

(h) Zoning restrictions;

(i) The sanitation or sanitary conditions on or about the proposed licensed premises;

(j) Whether the type of business or activity proposed to be operated in conjunction with the proposed license is and will be consistent with the public interest; and

(k) Whether the applicant or any affiliated entity of the applicant is delinquent on any federal, state, or local taxes. For purposes of this subdivision, affiliated entity means any other corporation, partnership, or limited liability company (i) in which the applicant holds an ownership interest and (ii) that holds a liquor license under the Nebraska Liquor Control Act.

(4) Retail licenses, bottle club licenses, craft brewery licenses, or microdistillery licenses issued or renewed by the commission shall be mailed or delivered electronically to:

(a) The clerk of the city, village, or county who shall deliver the same to the licensee upon receipt from the licensee of proof of payment of (i) the license fee if by the terms of subsection (6) of section 53-124 the fee is payable to the treasurer of such city, village, or county, (ii) any fee for publication of notice of hearing before the local governing body upon the application for the license, (iii) the fee for publication of notice of renewal as provided in section 53-135.01, and (iv) occupation taxes, if any, imposed by such city, village, or county except as otherwise provided in subsection (7) of this section; or

(b) The licensee, upon confirmation from the clerk of the city, village, or county that the necessary fees and taxes described in subdivision (4)(a) of this section have been received by the clerk of such city, village, or county.

(5) Notwithstanding any ordinance or charter power to the contrary, no city, village, or county shall impose an occupation tax on the business of any person, firm, or corporation licensed under the act and doing business within the corporate limits of such city or village or within the boundaries of such county in any sum which exceeds two times the amount of the license fee required to be paid under the act to obtain such license.

(6) Each license shall designate the name of the licensee, the place of business licensed, and the type of license issued.

(7) Class J retail licensees shall not be subject to occupation taxes under subsection (4) of this section.

Notes of Decisions
Cited in 29 cases, 1948–2019 · leading case: City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001).
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City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). · cites it 42× “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). · cites it 17× “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
City of Lincoln v. Nebraska Liquor Control Comm'n, 612 N.W.2d 252 (Neb. Ct. App. 2000). · cites it 24× “The district court held that the Commission had properly considered the relevant criteria of Neb. Rev. Stat. § 53-132 (3) (Reissue 1984) and that the Commission’s decision was not arbitrary and unreasonable.”
Grand Island Latin Club, Inc. v. Nebraska Liquor Control Comm'n, 554 N.W.2d 778 (Neb. 1996). · cites it 9× “With respect to the order to' show cause, the Commission found that circumstances had changed from the original application and initially issued license and that under Neb. Rev. Stat. § 53-132 (2)(a), (b), and (c) (Reissue 1984), the currently issued license should be canceled.”
Gas 'N Shop, Inc. v. Nebraska Liquor Control Comm'n, 492 N.W.2d 7 (Neb. 1992). · cites it 6× “Having determined earlier that it is the law as it existed prior to Bosselman which controls, we next look at Neb. Rev. Stat. § 53-132 (Reissue 1984), which provided, in relevant part: (2) A retail license .”
Kwik Shop, Inc. v. City of Lincoln, 498 N.W.2d 102 (Neb. 1993). · cites it 7× “shall be issued to any qualified applicant if it is found by the commission that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city .”
Abay, L. L.C. v. Neb. Liquor Control Comm'n, 927 N.W.2d 780 (Neb. 2019). · cites it 2× “Section 53-116 provides: "The power to regulate all phases of the control of the manufacture, distribution, sale, and traffic of alcoholic liquor, except as specifically delegated in the Nebraska Liquor Control Act, is vested exclusively in the [C]ommission.”
Hy-Vee Food Stores, Inc. v. Nebraska Liquor Control Comm'n, 497 N.W.2d 647 (Neb. 1993). · cites it 13× “The commission’s order stated that although Hy-Vee complied with the first three parts of Neb. Rev. Stat. § 53-132 (2) (Reissue 1984), which governs issuance of liquor licenses, Hy-Vee did not meet the requirements of subsection (2)(d) of that statute.”
F & T, Inc. v. Nebraska Liquor Control Comm'n, 587 N.W.2d 700 (Neb. Ct. App. 1998). · cites it 7× “We note that the State contends that due to subsequent amendments being declared unconstitutional, the issuance of this license is governed by § 53-133 and Neb. Rev. Stat. § 53-132 (Reissue 1984). F & T does not challenge that contention.”
Marting v. Nebraska Liquor Control Comm'n, 548 N.W.2d 326 (Neb. 1996). · cites it 7× “The district court also concluded that the factors to be considered by the commission in determining whether the license should issue were as set forth in Neb. Rev. Stat. § 53-132 (Reissue 1984): *138 (2) A retail license .”
McChesney v. City of North Platte, 343 N.W.2d 925 (Neb. 1984). · cites it 6× “1982) provides that evidence of the recommended denial of a license made by the local governing body may be sufficient to justify a denial made by the commission, the burden was not on the applicant to obtain the approval or recommendation of the city council.”
72nd Street Pizza, Inc. v. Nebraska Liquor Control Comm'n, 261 N.W.2d 614 (Neb. 1978). · cites it 4× “The effect of that section is to provide for routine issuance of a license where there is no recommendation of denial by the city council and no objections are filed.”
Show all 29 citing cases →
— Neb. Rev. Stat. § 53-132(1) — 3 cases
Joe & Al's IGA, Inc. v. Nebraska Liquor Control Comm'n, 277 N.W.2d 693 (Neb. 1979).
Hadlock v. Nebraska Liquor Control Comm'n, 228 N.W.2d 887 (Neb. 1975).
72nd Street Pizza, Inc. v. Nebraska Liquor Control Comm'n, 261 N.W.2d 614 (Neb. 1978). “The effect of that section is to provide for routine issuance of a license where there is no recommendation of denial by the city council and no objections are filed.”
— Neb. Rev. Stat. § 53-132(2) — 8 cases
City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
Abay, L. L.C. v. Neb. Liquor Control Comm'n, 927 N.W.2d 780 (Neb. 2019). “Section 53-116 provides: "The power to regulate all phases of the control of the manufacture, distribution, sale, and traffic of alcoholic liquor, except as specifically delegated in the Nebraska Liquor Control Act, is vested exclusively in the [C]ommission.”
City of Lincoln v. Nebraska Liquor Control Comm'n, 612 N.W.2d 252 (Neb. Ct. App. 2000). “The district court held that the Commission had properly considered the relevant criteria of Neb. Rev. Stat. § 53-132 (3) (Reissue 1984) and that the Commission’s decision was not arbitrary and unreasonable.”
Grand Island Latin Club, Inc. v. Nebraska Liquor Control Comm'n, 554 N.W.2d 778 (Neb. 1996). “With respect to the order to' show cause, the Commission found that circumstances had changed from the original application and initially issued license and that under Neb. Rev. Stat. § 53-132 (2)(a), (b), and (c) (Reissue 1984), the currently issued license should be canceled.”
— Neb. Rev. Stat. § 53-132(2)(a) — 11 cases
City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
Grand Island Latin Club, Inc. v. Nebraska Liquor Control Comm'n, 554 N.W.2d 778 (Neb. 1996). “With respect to the order to' show cause, the Commission found that circumstances had changed from the original application and initially issued license and that under Neb. Rev. Stat. § 53-132 (2)(a), (b), and (c) (Reissue 1984), the currently issued license should be canceled.”
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
Gas 'N Shop, Inc. v. Nebraska Liquor Control Comm'n, 492 N.W.2d 7 (Neb. 1992). “Having determined earlier that it is the law as it existed prior to Bosselman which controls, we next look at Neb. Rev. Stat. § 53-132 (Reissue 1984), which provided, in relevant part: (2) A retail license .”
Marting v. Nebraska Liquor Control Comm'n, 548 N.W.2d 326 (Neb. 1996). “The district court also concluded that the factors to be considered by the commission in determining whether the license should issue were as set forth in Neb. Rev. Stat. § 53-132 (Reissue 1984): *138 (2) A retail license .”
— Neb. Rev. Stat. § 53-132(2)(d) — 7 cases
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
Hy-Vee Food Stores, Inc. v. Nebraska Liquor Control Comm'n, 497 N.W.2d 647 (Neb. 1993). “The commission’s order stated that although Hy-Vee complied with the first three parts of Neb. Rev. Stat. § 53-132 (2) (Reissue 1984), which governs issuance of liquor licenses, Hy-Vee did not meet the requirements of subsection (2)(d) of that statute.”
Casey's Gen. Stores, Inc. v. Nebraska Liquor Control Comm'n, 369 N.W.2d 85 (Neb. 1985).
Kwik Shop, Inc. v. City of Lincoln, 498 N.W.2d 102 (Neb. 1993). “shall be issued to any qualified applicant if it is found by the commission that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city .”
B & R Stores, Inc. v. Nebraska Liquor Control Comm'n, 497 N.W.2d 654 (Neb. 1993).
— Neb. Rev. Stat. § 53-132(3) — 13 cases
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
City of Lincoln v. Nebraska Liquor Control Comm'n, 612 N.W.2d 252 (Neb. Ct. App. 2000). “The district court held that the Commission had properly considered the relevant criteria of Neb. Rev. Stat. § 53-132 (3) (Reissue 1984) and that the Commission’s decision was not arbitrary and unreasonable.”
Kwik Shop, Inc. v. City of Lincoln, 498 N.W.2d 102 (Neb. 1993). “shall be issued to any qualified applicant if it is found by the commission that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city .”
Gas 'N Shop, Inc. v. Nebraska Liquor Control Comm'n, 492 N.W.2d 7 (Neb. 1992). “Having determined earlier that it is the law as it existed prior to Bosselman which controls, we next look at Neb. Rev. Stat. § 53-132 (Reissue 1984), which provided, in relevant part: (2) A retail license .”
— Neb. Rev. Stat. § 53-132(3)(a) — 5 cases
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
Hy-Vee Food Stores, Inc. v. Nebraska Liquor Control Comm'n, 497 N.W.2d 647 (Neb. 1993). “The commission’s order stated that although Hy-Vee complied with the first three parts of Neb. Rev. Stat. § 53-132 (2) (Reissue 1984), which governs issuance of liquor licenses, Hy-Vee did not meet the requirements of subsection (2)(d) of that statute.”
Marting v. Nebraska Liquor Control Comm'n, 548 N.W.2d 326 (Neb. 1996). “The district court also concluded that the factors to be considered by the commission in determining whether the license should issue were as set forth in Neb. Rev. Stat. § 53-132 (Reissue 1984): *138 (2) A retail license .”
B & R Stores, Inc. v. Nebraska Liquor Control Comm'n, 497 N.W.2d 654 (Neb. 1993).
— Neb. Rev. Stat. § 53-132(3)(b) — 3 cases
Kwik Shop, Inc. v. City of Lincoln, 498 N.W.2d 102 (Neb. 1993). “shall be issued to any qualified applicant if it is found by the commission that (a) the applicant is fit, willing, and able to properly provide the service proposed within the city .”
Whitehead Oil Co. v. City of Lincoln, 498 N.W.2d 793 (Neb. 1993).
Contemporary Indus. Mid-Am., Inc. v. Nebraska Liquor Control Comm'n, 500 N.W.2d 525 (Neb. 1993).
— Neb. Rev. Stat. § 53-132(3)(h) — 2 cases
City of Lincoln v. Nebraska Liquor Control Comm'n, 626 N.W.2d 518 (Neb. 2001). “The Commission conducted a hearing on November 6, 1997, during which it considered the application pursuant to Neb. Rev. Stat. § 53-132 (Reissue 1984). Section 53-132 sets forth the qualifications required for issuance of a license to an applicant and the considerations relevant…”
City of Lincoln v. Nebraska Liquor Control Comm'n, 612 N.W.2d 252 (Neb. Ct. App. 2000). “The district court held that the Commission had properly considered the relevant criteria of Neb. Rev. Stat. § 53-132 (3) (Reissue 1984) and that the Commission’s decision was not arbitrary and unreasonable.”
— Neb. Rev. Stat. § 53-132(a) — 1 case
City of Lincoln v. Nebraska Liquor Control Comm'n, 612 N.W.2d 252 (Neb. Ct. App. 2000). “The district court held that the Commission had properly considered the relevant criteria of Neb. Rev. Stat. § 53-132 (3) (Reissue 1984) and that the Commission’s decision was not arbitrary and unreasonable.”
— Neb. Rev. Stat. § 53-132(j) — 1 case
Orchard Hill Neighborhood Ass'n v. Orchard Hill Mercantile, L.L.C., 738 N.W.2d 820 (Neb. 2007). “On review, the district court found that under Neb. Rev. Stat. § 53-132 (2) (Reissue 2004), the “public convenience and necessity” did not require the issuance of the liquor license.”
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